ORS 457.190
Acquisition of funds by urban renewal agency

  • maximum amount of indebtedness

(1)

An urban renewal agency may borrow money and accept advances, loans, grants and any other form of financial assistance from the federal government, the state, county or other public body, or from any sources, public or private, for the purposes of undertaking and carrying out urban renewal projects.

(2)

An urban renewal agency may do all things necessary or desirable to secure such financial aid, including obligating itself in any contract with the federal government for federal financial aid to convey to the federal government the project to which the contract relates upon the occurrence of a substantial default thereunder, in the same manner as a housing authority may do to secure such aid in connection with blighted area clearance and housing projects under the Housing Authorities Law.

(3)

Intentionally left blank —Ed.

(a)

Each urban renewal plan adopted by ordinance on or after July 14, 1997, that provides for a division of taxes pursuant to ORS 457.440 (Computation of amounts to be raised from property taxes) shall include in the plan the maximum amount of indebtedness that may be issued or incurred under the plan. Notwithstanding subsection (1) of this section, if a maximum amount of indebtedness is not included in the plan, the urban renewal agency may not issue indebtedness for which taxes divided under ORS 457.440 (Computation of amounts to be raised from property taxes) are to be pledged to carry out the plan.

(b)

Each urban renewal plan adopted by ordinance on or after December 6, 1996, and before July 14, 1997, that provides for a division of taxes pursuant to ORS 457.440 (Computation of amounts to be raised from property taxes) but does not include a maximum amount of indebtedness that may be issued or incurred under the plan shall be changed, by substantial plan amendment pursuant to ORS 457.220 (Plan amendment), to include the maximum amount of indebtedness that may be issued or incurred under the plan before July 1, 2000. Notwithstanding subsection (1) of this section, if a maximum amount of indebtedness is not included in the plan on or before July 1, 2000, the urban renewal agency may not on or after July 1, 2000, issue indebtedness for which taxes divided under ORS 457.440 (Computation of amounts to be raised from property taxes) are to be pledged to carry out the plan.

(c)

Intentionally left blank —Ed.

(A)

Each existing urban renewal plan that provides for a division of taxes pursuant to ORS 457.420 (Plan may provide for division of property taxes) to 457.470 (Modification of assessed value) may be changed by substantial amendment no later than July 1, 1998, to include a maximum amount of indebtedness that may be issued or incurred under the plan determined as described in subparagraph (B) of this paragraph. The additional notices required under ORS 457.120 (When additional notice required) are not required for an amendment adopted pursuant to this paragraph.

(B)

The maximum amount of indebtedness that may be issued or incurred under the plan, as determined for purposes of meeting the requirements of this paragraph, shall be based upon good faith estimates of the scope and costs of projects, including but not limited to increases in costs due to reasonably anticipated inflation, in the existing urban renewal plan and the schedule for their completion as completion dates were anticipated as of December 5, 1996. The maximum amount of indebtedness shall be specified in dollars and cents.

(C)

Notwithstanding subsection (1) of this section, if a maximum amount of indebtedness is not adopted for an existing urban renewal plan as described in this paragraph before July 1, 1998, the urban renewal agency may not collect funds under ORS 457.435 (Property tax collection methods for existing plans).

(4)

For an urban renewal plan initially approved on or after January 1, 2010, other than for a large metropolitan plan as defined in ORS 457.470 (Modification of assessed value), the initial maximum indebtedness that may be issued or incurred under the plan shall be established as follows:

(a)

If the total assessed value in the certified statement under ORS 457.430 (Certification of assessed value of property in urban renewal area) is less than or equal to $50 million, the initial maximum indebtedness may not exceed $50 million.

(b)

If the total assessed value in the certified statement is more than $50 million and less than or equal to $150 million, the initial maximum indebtedness may not exceed $50 million plus 50 percent of the total assessed value in the certified statement that is over $50 million.

(c)

If the total assessed value in the certified statement exceeds $150 million, the initial maximum indebtedness may not exceed $100 million, plus 35 percent of the total assessed value in the certified statement that is over $150 million.

(d)

Beginning July 1, 2010, the dollar limits set forth in this subsection may be increased on July 1 of each year by the index used in the urban renewal report to compute the future costs of projects that will be financed under the plan.

(e)

The limits in this subsection do not apply if the agency obtains concurrence as provided in ORS 457.470 (Modification of assessed value). [1957 c.456 §14; 1991 c.459 §333; 1997 c.541 §446; 2007 c.606 §12; 2009 c.700 §1]
Note: Section 335e, chapter 459, Oregon Laws 1991, provides:
Sec. 335e. Bonded indebtedness for project agreed to prior to September 29, 1991. Notwithstanding ORS 457.190 (Acquisition of funds by urban renewal agency), an urban renewal agency may issue bonded indebtedness to undertake an urban renewal project to carry out an urban renewal plan if, prior to September 29, 1991, a written contract or other written agreement for the project was made, the instrument setting forth the contract or agreement was executed and the parties were bound. The urban renewal agency of the municipality may use any of the money available to it from the issuance of the bonds for carrying out the project in accordance with the contract or agreement. [1991 c.459 §335e; 1997 c.541 §446a]

Source: Section 457.190 — Acquisition of funds by urban renewal agency; maximum amount of indebtedness, https://www.­oregonlegislature.­gov/bills_laws/ors/ors457.­html.

457.010
Definitions
457.020
Declaration of necessity and purpose
457.025
Powers supplemental to other laws
457.035
Urban renewal agencies
457.045
Election of method of exercise of urban renewal agency’s powers
457.055
Transfer of urban renewal agency powers
457.065
Advisory board for housing authority acting as urban renewal agency
457.075
Termination of urban renewal agency
457.085
Urban renewal plan requirements
457.087
Report required to accompany proposed urban renewal plan
457.089
Urban renewal plan and report to planning commission and affected taxing districts for recommendations before approval by municipality
457.095
Approval of plan by ordinance
457.105
Approval of plan by other municipalities
457.115
Manner of newspaper notice
457.120
When additional notice required
457.125
Recording of plan upon approval
457.135
Conclusive presumption of plan validity
457.160
Exceptions to plan requirements for disaster areas
457.170
Urban renewal agency’s powers in planning or undertaking an urban renewal project
457.180
Powers of urban renewal agencies in general
457.190
Acquisition of funds by urban renewal agency
457.210
Applicability of housing cooperation law to urban renewal projects
457.220
Plan amendment
457.230
Disposition of land in urban renewal project
457.240
Tax status of land leased under a plan
457.320
Municipal assistance under plan
457.420
Plan may provide for division of property taxes
457.430
Certification of assessed value of property in urban renewal area
457.435
Property tax collection methods for existing plans
457.437
Consultation with municipalities
457.440
Computation of amounts to be raised from property taxes
457.445
Consolidated billing tax rate
457.450
Notice to tax assessor
457.455
Limiting collections
457.460
Agency financial statement required
457.470
Modification of assessed value
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